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2024 Supreme(Online)(NGT) 2614
NATIONAL GREEN TRIBUNAL KOLKATA (EASTERN ZONE BENCH)
B. Amit Sthalekar, Judicial Member, Arun Kumar Verma, Expert Member
Haripriya Patel – Appellant
Versus
Department of Environment and Forest, Government of Odisha – Respondent
Original Application No.21/2024/EZ
For the Applicant(s): Haripriya Patel, in person (in Virtual Mode)
For the Respondent(s): Papiya Banerjee Bihani, Dipanjan Ghosh, Rajib Ray
Suo-motu environmental proceedings disposed upon verifying effective legacy waste biomining, decentralized processing matching daily generation, and capacity enhancement plans mitigating health hazards from dumps.
Headnote:(A) Solid Waste Management Rules, 2016 - Siting Criteria - Environmental Protection - Municipal solid waste management - Original Application taken suo-motu on news report alleging health hazard from garbage dump at Temporary Transit Station near schools - Fact-finding Committee inspected site, verified legacy waste quantum double newspaper estimate, distances to schools exceeding 200 meters, ongoing processing via composting, biomining, RDF co-processing - Wealth centres operational with source segregation, micro-composting, material recovery - Daily waste generation ~800 TPD processed without accumulation - Directions issued for legacy waste clearance by 31.03.2026, enhanced facilities by 31.12.2024, leachate management, RDF disposal - Application disposed finding remedial steps adequate. (Paras 3-19)
Facts of the case:
Suo-motu proceedings initiated on news article reporting stench from ~54,000 tonnes garbage at Temporary Transit Station causing health issues near educational institutions - Committee found ~1,01,165 MT legacy waste as on 05.11.2023, processed substantially to RDF, remaining ~3405 MT with daily inflow handled via windrow composting - Decentralized model processes 290 TPD at wealth centres, 510 TPD at TTS - Legacy dump bio-mining underway for 16 lakh MT over 36 months - Future plans include bio-methanation, additional MRF for projected 1200-1300 TPD.
Findings of Court:
Legacy waste processing directed complete by 31.03.2026 with compliance affidavit by 30.04.2026; semi-automatic MRF (15+150 TPD) by 31.12.2024 with affidavit by 31.01.2025; civil design modification for leachate; RDF quick disposal; monthly waste balance to Pollution Control Board.
Issues: Veracity of allegations on garbage dump health hazard, legacy waste management efficacy, compliance with waste processing norms, timelines for capacity enhancement.
Ratio Decidendi: Tribunal satisfied with decentralized waste management, biomining progress, processing capacities matching generation, odour control measures - remedial steps and future plans render further adjudication unnecessary.
Result: Original Application disposed with directions.
| Table of Content |
|---|
| 1. procedural updates on affidavits and hearings. (Para 1 , 2) |
| 2. garbage dump at tts causes health hazards near schools. (Para 3 , 4 , 5 , 6 , 7) |
| 3. committee constituted to verify waste management allegations. (Para 8) |
| 4. legacy waste processing at tts and bhuasuni ongoing. (Para 9 , 10) |
| 5. future waste facilities with strict compliance timelines. (Para 11 , 17) |
| 6. bmc manages 800 tpd waste via decentralized centers. (Para 12 , 14 , 15 , 16) |
| 7. application disposed with issued directions. (Para 18 , 19 , 20 , 21) |
ORDER
1. Affidavit dated 06.06.2024 has been filed by the Respondent No.4, Bhubaneswar Municipal Corporation; the same is taken on record.
2. The Applicant, Smt. Haripriya Patel, who is appearing in person, is connected through the Virtual Mode but is not responding to any of our queries.
3. The Original Application was taken up suo-motu on a complaint submitted by one Smt. Haripriya Patel, stated to be residing at 106, Lumbini Enclave Chandrasekharpur near Care Hospital, Bhubaneswar – 751021, Odisha, bringing to the notice of the Tribunal an article published in ‘the Times of India’ on 15.12.2023 under the heading “Stench from garbage dump at TTS a health hazard: Experts”.
4. The news article has been placed on record which mentions that there is a huge garbage dump at Temporary Transit Station (TTS) of Bhubaneswar Municipal Corporation near Sainik School. The article further mentions that there is at least 54,000 tonnes of garbage deposited at the site in question. The handling capacity of waste of Bhubaneswar city is 300 tonnes per day whereas the city now generates about 700 tonnes of waste which during monsoon crosses 800 tonne mark.
5. In the article, it is stated that 36 Micro Composting Centers (MCCs) and 22 Material Recovery Facilities (MRF) have been installed for processing 250-300 tonnes of dry and wet waste at ward level through door-to-door collection for which the Bhubaneswar Municipal Corporation has roped in seven NGOs with a fleet of 400 vehicles.
6. It is stated that the rest of the waste is mixed garbage mostly dumped by bulk waste generators at random places and collected by private agencies engaged in bringing it to the TTS near Sainik School. It is also alleged that the bulk waste is generated mostly by hotels, eateries, commercial buildings and industries as well as apartments which do not follow the BMC’s norms of waste segregation and garbage handover norms.
7. It is further stated that the windows of Sainik School and Kendriya Vidyalaya have to be kept closed to protect students from the smell and odour and ill-effects of the garbage dumping site which is located less than 100 meters away in violation of the Siting Criteria.
8. Affidavit dated 30.03.2024 has been filed by the Respondent No.2, Odisha State Pollution Control Board and along with this affidavit an Inspection Report of the Committee constituted by the Tribunal has been filed. The Inspection Report reads as under:
“REPORT OF THE COMMITTEE BEFORE THE HON‟BLE NATIONAL GREEN TRIBUNAL EASTERN ZONE BENCH, KOLKATA IN THE MATTER OF ORIGINAL APPLICATION NO.21/2024/EZ
1. Background:
The present Original Application is being taken up suo-motu on a complaint submitted by one Smt. Haripriya Patel stated to be residing at 106, Lumbini Enclave Chandrasekharpur near Care Hospital, Bhubaneswar – 751021, Odisha, bringing to the notice of the Tribunal an article published in „the Times of India‟ on 15.12.2023 under the heading “Stench from garbage dump at TTS a health hazard: Experts”, Hon‟ble NGT has passed an order on 31.01.2024, the relevant portion of which is reproduced as under:
“In order to elicit the veracity of the allegations made, we deem it appropriate to constitute a fact-finding Committee comprising of the following Members:-
i. Senior Scientist, Odisha State Pollution Control Board,
ii. Senior Scientist, Central Pollution Control Board, and
iii. Senior Scientist/Environmentalist, Bhubaneswar Municipal Corporation, Bhubaneswar The Commi
